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The divorce process can be challenging for the spouses. A breakup can force you to change your usual way of life, as well as quickly study the rules of filing for divorce. After seeing how many documents you have to prepare, you may feel insecure and transfer all the paperwork to a lawyer. But you can complete the divorce forms preparation online without an attorney or much effort.
This article will cover web divorce and when you can use it. We will also discuss the requirements for divorce in South Carolina.
Divorce Over the Internet
Online divorce is a convenient and fast way to prepare the necessary legal papers, suitable for couples having an uncontested divorce. It is also an inexpensive option if you decide to do a DIY divorce.
How does Internet Divorce Work?
Online divorce companies provide a wide range of document preparation services. Depending on the cost, you can receive completed divorce papers, filing services with the court, process service for your spouse, and consultation on the case. The minimum package always includes prepared documents. The price starts at $139 and goes up depending on the provider and services used.
To receive an application for divorce online, the petitioner must go through a questionnaire and answer all questions regarding their marriage and divorce proceedings. It is not necessary to do it yourself. The spouses can complete the survey together. The survey takes up to a couple of hours. It all depends on the complexity of your case and the requirements of the state.
The waiting period for receiving ready-made forms takes up to two business days. For comparison, lawyers take up to a week to prepare documents and charge an hourly fee for their services.
Required Documents for Getting a Divorce
You should submit the completed forms to the Clerk of Court, Family Court Division. The list of documents may vary depending on the specifics of your case and the presence of children. Among the primary forms that online divorce companies provide are:
- Family Court Cover Sheet;
- Summons for Divorce;
- Certificate of Exemption;
- Complaint for Divorce;
- Acceptance of Service;
- Financial Declaration Form;
- Request for Hearing; and
- Final Order of Divorce.
You need to have three signed copies of divorce documents – one for the court, one for your spouse, and one for you.
Payment for the filing fee is not included in the cost of the service. The clerk will charge it. If you are unable to pay the fees, you can apply to have them waived. If the court approves your petition, you will not have to pay the filing fees or the Sheriff’s Office service fees.
South Carolina Divorce Requirements
Residency Requirements
To apply for divorce in South Carolina, you or your spouse must live in the state for at least one year prior to filing. If both spouses live in South Carolina, residency time is reduced to three months before you can apply.
Grounds for Divorce in South Carolina
Grounds for divorce are the official reasons to dissolve a marriage. According to South Carolina laws, you can file for a fault divorce on one of the following grounds:
- adultery;
- deserted you for a year or more;
- physical cruelty; and
- habitual drunkenness or drug addiction.
There is also an option for a no-fault divorce. In South Carolina, the couple has every right not to point out the fault that led to the dissolution of marriage. The only thing the spouses need to do is show that they have been separated for one year. To prove this, you will need at least one witness who can confirm that you lived separately and apart during the entire period.
If spouses are considering no-fault dissolution based on separation, they can use the “simple divorce” proceeding or uncontested divorce. But for this, you need to meet a few more requirements.
Settlement Agreement
To be eligible to file for an uncontested divorce, spouses must sign a Settlement Agreement. This document spells out and negotiates all aspects of the marriage dissolution.
1. Property Division. The division of family property can significantly complicate the divorce process because the court and lawyers need time to clarify all the details and determine the assets’ value. If you have marital property, debts, and you have agreed with your spouse on dividing the property, the court will approve your agreement and move on to the next issue.
2. Child Custody. Children are great, but their presence complicates the divorce process. If the couple has minor children, the spouses should negotiate child support and parenting time in advance so that no disagreements arise during the trial. The amount of child support has to meet the minimum requirements of the South Carolina Child Support Guidelines.
3. Spousal Support. Alimony, known as “maintenance” in South Carolina, is financial support paid by one spouse to the other. Both the petitioner and the respondent can request spousal support. If you are asking for maintenance in South Carolina, the court may grant it after considering the following factors:
- marriage length;
- physical and emotional conditions;
- ages when you got married and your marriage ended;
- “standard of living” while married;
- educational backgrounds;
- employment histories and ability to earn an income;
- current and future earnings;
- spending needs;
- property;
- custody obligations;
- tax consequences of a maintenance order; and
- support obligations from previous marriages.
It is worth noting that the judge will not grant you spousal support if you cheated on your spouse. Likewise, the court will not order spousal support for a spouse if they commit adultery.
South Carolina has six different types of alimony. The judge decides which type is suitable for the spouse:
- Periodic alimony;
- Lump-sum;
- Rehabilitative;
- Reimbursement;
- Pendente lite or temporary; and
- Some other form of spousal support.
Final Words
Whether we like it or not, dissolution affects our quality of life, and we begin to monitor our spending more closely. The cost of a divorce is directly up to you. You can reduce costs by using affordable divorce services. But no one can force you to refuse the services of a lawyer because sometimes it is impossible to solve a case without them. In the same way, no one can impose a lawyer’s services on you when you are sure that you can do everything yourself.
